[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 860 Reported in Senate (RS)]
<DOC>
Calendar No. 54
119th CONGRESS
1st Session
S. 860
To modify the information about countries exporting methamphetamine
that is included in the annual International Narcotics Control Strategy
Report, to require a report to Congress on the seizure and production
of certain illicit drugs, to impose sanctions with respect to the
production and trafficking into the United States, of synthetic
opioids, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2025
Mr. Risch (for himself, Mrs. Shaheen, Mr. Hagerty, and Mr. Coons)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
April 28, 2025
Reported by Mr. Risch, without amendment
_______________________________________________________________________
A BILL
To modify the information about countries exporting methamphetamine
that is included in the annual International Narcotics Control Strategy
Report, to require a report to Congress on the seizure and production
of certain illicit drugs, to impose sanctions with respect to the
production and trafficking into the United States, of synthetic
opioids, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Break Up Suspicious Transactions of
Fentanyl Act'' or the ``BUST FENTANYL Act''.
SEC. 2. INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``March 1'' and inserting ``June 1''; and
(2) in paragraph (8)(A)(i), by striking ``pseudoephedrine''
and all that follows through ``chemicals)'' and inserting
``chemical precursors used in the production of methamphetamine
that significantly affected the United States''.
SEC. 3. STUDY AND REPORT ON EFFORTS TO ADDRESS FENTANYL TRAFFICKING
FROM THE PEOPLE'S REPUBLIC OF CHINA AND OTHER RELEVANT
COUNTRIES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(2) DEA.--The term ``DEA'' means the Drug Enforcement
Administration.
(3) PRC.--The term ``PRC'' means the People's Republic of
China.
(b) Study and Report on Addressing Trafficking of Fentanyl and
Other Synthetic Opioids From the PRC and Other Relevant Countries.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of State and the Attorney General shall jointly submit to the
appropriate committees of Congress an unclassified written report, with
a classified annex, that includes--
(1) a description of United States Government efforts to
gain a commitment from the Government of the PRC to submit
unregulated fentanyl precursors, such as 4-AP, to controls;
(2) a plan for future steps the United States Government
will take to urge the Government of the PRC to combat the
production and trafficking of illicit fentanyl and synthetic
opioids from the PRC, including the trafficking of precursor
chemicals used to produce illicit narcotics in Mexico and in
other countries;
(3) a detailed description of cooperation by the Government
of the PRC to address the role of the PRC financial system and
PRC money laundering organizations in the trafficking of
fentanyl and synthetic opioid precursors;
(4) an assessment of the expected impact that the
designation of principal corporate officers of PRC financial
institutions for facilitating narcotics-related money
laundering would have on PRC money laundering organizations;
(5) an assessment of whether the Trilateral Fentanyl
Committee, which was established by the United States, Canada,
and Mexico during the January 2023 North American Leaders'
Summit, is improving cooperation with law enforcement and
financial regulators in Canada and Mexico to combat the role of
PRC financial institutions and PRC money laundering
organizations in narcotics trafficking;
(6) an assessment of the effectiveness of other United
States bilateral and multilateral efforts to strengthen
international cooperation to address the PRC's role in the
trafficking of fentanyl and synthetic opioid precursors,
including through the Global Coalition to Address Synthetic
Drug Threats;
(7) an update on the status of commitments made by third
countries through the Global Coalition to Address Synthetic
Drug Threats to combat the synthetic opioid crisis and progress
towards the implementation of such commitments;
(8) a plan for future steps to further strengthen bilateral
and multilateral efforts to urge the Government of the PRC to
take additional actions to address the PRC's role in the
trafficking of fentanyl and synthetic opioid precursors,
particularly in coordination with countries in East Asia and
Southeast Asia that have been impacted by such activities;
(9) an assessment of how actions the Government of the PRC
has taken since November 15, 2023 has shifted relevant supply
chains for fentanyl and synthetic opioid precursors, if at all;
and
(10) the items described in paragraphs (1) through (4)
pertaining to India, Mexico, and other countries the Secretary
of State determines to have a significant role in the
production or trafficking of fentanyl and synthetic opioid
precursors for purposes of this report.
(c) Establishment of DEA Offices in the PRC.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
State and the Attorney General shall jointly provide to the appropriate
committees of Congress a classified briefing on--
(1) outreach and negotiations undertaken by the United
States Government with the Government of the PRC that was aimed
at securing the approval of the Government of the PRC to
establish of United States Drug Enforcement Administration
offices in Shanghai and Guangzhou, the PRC; and
(2) additional efforts to establish new partnerships with
provincial-level authorities in the PRC to counter the illicit
trafficking of fentanyl, fentanyl analogues, and their
precursors.
SEC. 4. PRIORITIZATION OF IDENTIFICATION OF PERSONS FROM THE PEOPLE'S
REPUBLIC OF CHINA.
Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Prioritization.--
``(A) Defined term.--In this paragraph, the term
`person of the People's Republic of China' means--
``(i) an individual who is a citizen or
national of the People's Republic of China; or
``(ii) an entity organized under the laws
of the People's Republic of China or otherwise
subject to the jurisdiction of the Government
of the People's Republic of China.
``(B) In general.--In preparing the report required
under paragraph (1), the President shall prioritize, to
the greatest extent practicable, the identification of
persons of the People's Republic of China involved in
the shipment of fentanyl, fentanyl analogues, fentanyl
precursors, precursors for fentanyl analogues, pre-
precursors for fentanyl and fentanyl analogues, and
equipment for the manufacturing of fentanyl and
fentanyl-laced counterfeit pills to Mexico or any other
country that is involved in the production of fentanyl
trafficked into the United States, including--
``(i) any entity involved in the production
of pharmaceuticals; and
``(ii) any person that is acting on behalf
of any such entity.
``(C) Termination of prioritization.--The President
shall continue the prioritization required under
subparagraph (B) until the President certifies to the
appropriate congressional committees that the People's
Republic of China is no longer the primary source for
the shipment of fentanyl, fentanyl analogues, fentanyl
precursors, precursors for fentanyl analogues, pre-
precursors for fentanyl and fentanyl analogues, and
equipment for the manufacturing of fentanyl and
fentanyl-laced counterfeit pills to Mexico or any other
country that is involved in the production of fentanyl
trafficked into the United States.''; and
(2) in subsection (c), by striking ``the date that is 5
years after such date of enactment'' and inserting ``December
31, 2030''.
SEC. 5. EXPANSION OF SANCTIONS UNDER THE FENTANYL SANCTIONS ACT.
Section 7212 of the Fentanyl Sanctions Act (21 U.S.C. 2312) is
amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) the President determines has knowingly engaged in, on
or after the date of the enactment of the BUST FENTANYL Act, a
significant activity or significant financial transaction that
has materially contributed to opioid trafficking; or
``(4) the President determines--
``(A) has received any property or interest in
property that the foreign person knows--
``(i) constitutes or is derived from the
proceeds of an activity or transaction
described in paragraph (3); or
``(ii) was used or intended to be used to
commit or to facilitate such an activity or
transaction;
``(B) has knowingly provided significant financial,
material, or technological support for, including
through the provision of goods or services in support
of--
``(i) any activity or transaction described
in paragraph (3); or
``(ii) any foreign person described in
paragraph (3); or
``(C) is or has been owned, controlled, or directed
by any foreign person described in subparagraph (A) or
(B) or in paragraph (3), or has knowingly acted or
purported to act for or on behalf of, directly or
indirectly, such a foreign person.''.
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO AGENCIES OR
INSTRUMENTALITIES OF FOREIGN STATES.
(a) Definitions.--In this section, the terms ``knowingly'' and
``opioid trafficking'' have the meanings given such terms in section
7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
(b) In General.--The President may--
(1) impose one or more of the sanctions described in
section 7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313)
with respect to each political subdivision, agency, or
instrumentality of a foreign government, including any
financial institution owned or controlled by a foreign
government, that the President determines has knowingly, on or
after the date of the enactment of this Act--
(A) engaged in a significant activity or a
significant financial transaction that has materially
contributed to opioid trafficking; or
(B) provided financial, material, or technological
support for (including through the provision of goods
or services in support of) any significant activity or
significant financial transaction described in
subparagraph (A); and
(2) impose one or more of the sanctions described in
section 7213(a)(6) of the Fentanyl Sanctions Act (21 U.S.C.
2313(a)(6)) with respect to each senior official of a political
subdivision, agency, or instrumentality of a foreign government
that the President determines has knowingly, on or after the
date of the enactment of this Act, facilitated a significant
activity or a significant financial transaction described in
paragraph (1).
SEC. 7. ANNUAL REPORT ON EFFORTS TO PREVENT THE SMUGGLING OF
METHAMPHETAMINE INTO THE UNITED STATES FROM MEXICO.
Section 723(c) of the Combat Methamphetamine Epidemic Act of 2005
(22 U.S.C. 2291 note) is amended by striking the period at the end and
inserting the following ", which shall--
``(1) identify the significant source countries for
methamphetamine that significantly affect the United States,
and
``(2) describe the actions by the governments of the
countries identified pursuant to paragraph (1) to combat the
diversion of relevant precursor chemicals and the production
and trafficking of methamphetamine.''.
Calendar No. 54
119th CONGRESS
1st Session
S. 860
_______________________________________________________________________
A BILL
To modify the information about countries exporting methamphetamine
that is included in the annual International Narcotics Control Strategy
Report, to require a report to Congress on the seizure and production
of certain illicit drugs, to impose sanctions with respect to the
production and trafficking into the United States, of synthetic
opioids, and for other purposes.
_______________________________________________________________________
April 28, 2025
Reported without amendment